Replacement vs. Actual Value: Tenants in Germany

As a tenant in Germany it is important to understand how replacement value and actual value affect your claims after damage. Especially in shared flats (WGs) common items, inventory and insurance questions can become complicated: who pays, which deadlines apply, and which documents do you need for liability or household contents claims? This article explains in practical terms which documents you should collect, which deadlines to observe and how to secure evidence correctly. This includes sample forms, court jurisdictions and concrete action steps that help you enforce claims or fend off unjustified demands. At the end you will find a short how-to, frequently asked questions and official links to laws and local courts in Germany. Keep receipts, photos and communication well organized to document deadlines and claims.

What are replacement value and actual value?

Replacement value means that a damaged item is replaced as if newly purchased; actual value takes into account age and wear and usually leads to a lower reimbursement. For tenants in Germany the outcome can depend on whether a flatmate's liability insurance or your own household contents insurance pays and on the conditions in the insurance contract. Note the legal framework for tenant protection and maintenance obligations.

Important documents for tenants

• Copy of the rental agreement and handover protocol
• Photos of the damage with dates and an inventory list as evidence
• Written damage notification to the landlord and involved flatmates
• Correspondence with liability or household contents insurer
• Receipts, purchase documents or serial numbers for valuable items

Deadlines and procedure

Report damage in writing to the landlord and to the responsible insurer as soon as possible. Important deadlines arise from insurance conditions and legal provisions; for court disputes the local Amtsgericht is responsible for the first instance of most tenancy disputes.^[2]

• Report damage immediately (within a few days)
• Secure evidence: photos, witnesses, inventory list
• Notify insurer and landlord of the damage in writing
• If disputes arise, consider filing a claim at the local Amtsgericht

Replacement or actual value: calculation example and forms

For example, if a shared fridge in a WG is damaged by a short circuit: replacement value means replacing it with a new device at current new price. Actual value would deduct age and usage and often reimburse a smaller amount. To assert claims you need a damage statement, photos, purchase receipts and an insurer's claim form. For termination or reminder letters there are templates, e.g. sample termination letters or templates from the Federal Ministry of Justice.^[3]

FAQ

What is the difference between replacement value and actual value?

Replacement value pays for replacement as new, actual value accounts for age and wear and usually results in a lower reimbursement.

Which documents do I need for a liability or household contents claim?

Copy of the rental agreement, dated photos, inventory list, purchase receipts, written damage notification to landlord and insurer.

Where do I file a tenancy or eviction claim?

The first instance for most tenancy disputes is the local Amtsgericht; higher instances are the Landgericht and possibly the BGH.^[1]

How-To

1. Collect all receipts, photos and an inventory list.
2. Report the damage in writing to landlord and insurer and request an acknowledgement of receipt.
3. Set deadlines for responses (e.g. 14 days) and document all dates.
4. If no agreement is reached, prepare documents for a claim at the Amtsgericht.

Help and Support / Resources

• Gesetze im Internet (BGB and ZPO)
• Federal Ministry of Justice (BMJ)
• Federal Court of Justice (BGH)

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1. [1] Gesetze im Internet: BGB §§535–580a
2. [2] Gesetze im Internet: Zivilprozessordnung (ZPO)
3. [3] Federal Ministry of Justice: Forms and templates